State v. Beauchene

NICHOLS, Justice.

This matter comes before us on report pursuant to Rule 37A(b), M.R.Cr.P., after a Superior Court Justice denied the Defendant’s motion to dismiss an indictment 1 charging him with escape 2 from the Augusta Mental Health Institute (AMHI).

The central issue here has been resolved by State v. Flemming, Me., 377 A.2d 448 (1977), decided since this case was reported. 3

In Flemming, we held that our escape statute, applicable here but since repealed, did encompass an escape by an individual confined in a mental health institution as the result of being found not guilty of a crime by…